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SPLIT DECISION-CRIMINAL LAW: Sufficiency of Evidence for Manslaughter (Recklessness), No. 04-18-0048


In Holloway, the appellant was convicted of manslaughter (reckless homicide). The majority opinion sets out the facts:

Holloway was diagnosed with congestive heart failure, and a doctor prescribed a LifeVest for her to wear at all times, with the exception of when she showered. A LifeVest is an external defibrillator that administers a shock when a patient is at risk of cardiac arrest. Holloway was driving a vehicle without wearing the LifeVest when she suffered a cardiac arrest and crashed into another vehicle. The driver of the other vehicle died at the scene, and Holloway was subsequently charged with manslaughter.

Slip Op. at 1. The majority held the evidence was sufficient to establish the requisite culpable state of mind. The dissent would have held “the record does not establish Holloway’s criminally culpable reckless state of mind.”

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